Timing of Compensation under the DBA After an Injury
Tim Nies, Defense Base Act Attorney and Army Ranger Veteran
How Soon Should You Get Paid After an Overseas Injury after an Injury: A Guide to Defense Base Act Compensation Timing
If you are a civilian contractor working overseas under a U.S. Government Contract, and you get hurt, you are likely covered by the Defense Base Act (DBA). This law provides medical care and wage replacement benefits if you suffer an injury or develop an illness related to your work.
As a DBA lawyer, one of the first questions I hear from injured contractors is:
“How soon will I start getting paid under the Defense Base Act?”
It’s a fair question—and a crucial one—because you still have bills to pay, and your family is counting on your income. Here is a breakdown, however, for more information, contact a DBA attorney for more information.
When Compensation Payments Start under the Defense Base Act
Under the Defense Base Act, your employer’s insurance company is responsible for paying you compensation for your lost wages if your injury disables you for more than three days. These first three days are essentially a waiting period.
Here’s the typical timeline:
✅ Day 1 – You are injured. You should report the injury to your supervisor right away and seek medical attention. Proper reporting of injuries is important. Make sure to keep all your medical records, whether the records are from a hospital, a medic, or an on-base or off-base clinic (such as CHS Clinic). If you have an MRI taken while still overseas (such as Kuwait, Iraq, etc), ask for a copy of the MRI on a disc. If you return home to the U.S., your physician will not have access to the actual MRI films unless you have a disc with the images.
✅ Day 4 – If you still can’t work, you’re considered disabled under the DBA.
✅ Day 14 – By law, the insurance company must start paying your wage replacement benefits no later than 14 days after they become aware of your injury causing disability (inability to work).
So, if you report your injury immediately, your first compensation check should be issued by about two weeks after your fourth day of disability. Again, speak to a DBA lawyer about your individual situation. Your DBA lawyer will remind you that as soon as you see a doctor back home (make sure you report your injury), you should get written work restrictions stating the restrictions and that you cannot return to your pre-injury employment. Even if the injury is completely obvious, it is important to obtain these written “off-work” restrictions. This is a form that I send to my client to make sure this is done at the first appointment: OWCP 5C – Work Capacity Evaluation Musculoskeletal Conditions.
How Much Will You Be Paid?
Your weekly compensation rate is generally two-thirds of your average weekly wage, subject to a maximum amount set each year. If you return home and begin working in alternative employment, the calculation of the wage loss needs to be completed. Talk to a Defense Base Act lawyer before beginning any work back home.
What If the DBA Insurance Company Doesn’t Pay on Time?
If your employer’s Defense Base Act insurance carrier fails to start your payments within 14 days, talk to a DBA lawyer who will discuss with you filing a request for an informal conference with the U.S. Department of Labor.
This is why it’s essential to document everything and notify your employer right away after an injury. You have 30 days to notify your employer in writing of an injury, however, do not wait this long. If payments don’t arrive on time, or you’re getting excuses instead of help, talk to a lawyer experienced in Defense Base Act claims. A prompt response can often prevent a problem from getting worse.
Tips for a Smooth Process
- Report your injury immediately – even if you think it’s minor. Make sure to do this in writing and keep that notice of injury, email, etc.
- Get medical treatment right away and follow the doctor’s recommendations. Remember, under the Defense Base Act you are entitled to be treated by a physician of your choice.
- Keep copies of all paperwork, including incident reports, medical records, and any communication with your employer or insurer.
- Stay in touch with your adjuster, but remember they work for the DBA insurance company—not you. It is best to talk to a DBA lawyer first to help you deal with the DBA insurance carrier.
- Consult a DBA lawyer early. It is best to contact a DBA attorney while you are still overseas before returning home, if possible. A DBA lawyer will discuss tasks that should be completed before returning home. Such as taking photographs of locations where you were injured (for instance if you fell off a ladder or for DBA PTSD claims – photos of damage caused by rocket, drones, etc), how you were injured, obtaining contact information for witnesses, if any, obtaining medical records, dealing with DBA insurance company recorded statements, types of doctors you should seek treatment from back home, obtaining wage records, and many other tasks. Further, having a DBA lawyer on your side from early is beneficial for the inevitable IMEs, DBA insurance company recorded statements, depositions, surveillance by DBA insurance companies, functional capacity evaluations (FCE), informal conferences, DBA Mediations, and hearings.
Getting hurt while working overseas can be stressful and overwhelming, especially when you’re far from home. The Defense Base Act is designed to help you get medical care and wage replacement quickly, but the system doesn’t always work as it should.
If you’ve been injured, don’t wait in the dark wondering when the checks will come. Know your rights, track the timeline, and seek help if payments are delayed. A qualified Defense Base Act attorney can guide you through the process and help protect the benefits you and your family depend on.
If you have questions about your claim or need assistance, don’t hesitate to reach out. You deserve clarity.
As a Defense Base Act lawyer and a veteran of the 3rd Ranger Battalion, I fight for my clients’ rights under the Defense Base Act and work hard to make sure that DBA compensation is paid timely. For more information, call 772-283-8712 or contact us here. The call is free. I handle DBA claims for injured contractors living worldwide.
For more information about DBA law, please review my prior DBA articles.
Tim Nies